Anjali, W/O.Ranjithi, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.8924 of 2019 Anjali ... Petitioner Vs.

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.N.Sankar Ganesh For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondents.

3. The grievance of the petitioner is that with regard to the dispute relating to the custody of a minor child between the petitioner and her husband, the petitioner has given a complaint. The said complaint was enquired and closed. But once again, the second respondent police is harassing the petitioner to give back the child to her husband / second respondent. Hence, the petitioner has filed the present petition.

4. The learned Government Advocate (Crl.Side) appearing for the respondents, on instructions, would submit that earlier based on the complaint given by the petitioner, enquiry was conducted, in which the petitioner appeared and had given an undertaking to handover the child to her husband, pursuant to which the complaint https://hcservices.ecourts.gov.in/hcservices/

was closed. He would further submit that the second respondent police did not harass the petitioner nor intent to harass her.

5. Since the dispute is with regard to the custody of a minor child, the Police cannot play any role in the present issue. If at all the parties have any grievance, they have to approach the civil Court seeking custody of the minor child and the police should not interfere in all such civil disputes. Considering fact that already the complaint lodged by the petitioner has been enquired and closed, the second respondent is directed not to harass the petitioner.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ta To

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC to Mr.N.Shankar Ganesh, Advocate in SR.NO.71754 Crl.O.P.(MD)No.8924 of 2019 26.06.2019 KS(08.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/